No. 18-6445

Tracy Lebron Vick v. Tennessee

Lower Court: Tennessee
Docketed: 2018-10-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-challenge criminal-procedure due-process habeas-corpus judicial-review plea-bargaining public-interest sentencing sentencing-procedure unconstitutional
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Whether the provisions of Rule 36.1 of the Tennessee Rules of Criminal Procedure, Tennessee Code Annotated § 29-21-101, and Tennessee law are unconstitutional

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW As is the case of many Tennessee defendants, seemingly unbeknownst to them, counsel, the court and/or prosecutor, many years later they, like the Petitioner, have come to learn that they have negotiated and accepted an illusionary plea and sentencing structure of which is none ; existent under Tennessee Law. Previously Tennessee’s legislature had legal safeguards in place to always effectively challenge such pleas/sentences. These laws, however, have been amended to nullify any review or relief if the illusionary false sentence and plea on its face were in theory favorable to the Petitioner. The effect? Without notice, counsel, a hearing, or any judicial proceedings, prisoners, like Mr. Vick, have their pleas/sentences changed and increased by years with absolutely no means within which to challenge such increases. The question asks: J. WHETHER THE PROVISIONS OF RULE 36.1 OF THE TENNESSEE RULES OF CRIMINAL PROCEDURE, TENNESSEE CODE ANNOTATED § 29-21-101, AND TENNESSEE LAW ARE UNCONSTITUTIONAL WHEREIN THE SAME DO NOT PERMIT A CHALLENGE TO A MATERIALLY IMPOSSIBLE ILLEGAL AND VOID SENTENCE OF WHICH A DEFENDANT ENTERED INTO WITHOUT ANY KNOWLEDGE AS TO ITS ILLEGALITY OR NO POTENTIAL FOR ITS ENFORCEMENT-AND OF WHICH RESULTED IN A SIX YEAR SENTENCE INCREASE ABSENT NOTICE, COUNSEL OR A HEARING-CREATE SUFFICIENT MATTERS OF PUBLIC INTEREST AND AN “INJUSTICE AS TO WARRANT SUPREME COURT REVIEW? ay lii

Docket Entries

2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-11-02
Waiver of right of respondent Tennessee to respond filed.
2018-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2018)

Attorneys

Tennessee
Nicholas White SpanglerOffice of Tennessee Attorney General, Respondent
Nicholas White SpanglerOffice of Tennessee Attorney General, Respondent
Tracy Lebron Vick
Tracy Lebron Vick — Petitioner
Tracy Lebron Vick — Petitioner